People ex rel. Madigan v. Stateline Recycling, LLC

Illinois Supreme Court
Civil Court
Environmental Law
Citation
Case Number: 
2020 IL 124417
Decision Date: 
Thursday, December 3, 2020
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Appellate court vacated; remanded with directions.
Justice: 
NEVILLE

Civil enforcement action alleging several violations of Illinois Environmental Protection Act against owner of property, who obtained tax deed to the property, and an LLC that allegedly conducted operation involving dumping of construction and demolition debris on the property. Appellate court was to determine whether circuit court's discovery order compelling owner to comply with Attorney General's Rule 214(a) request to inspect the site was an abuse of discretion, but instead effectively held that Rule 214(a) is unconstitutional, although owner had not challenged constitutionality of Rule 214. Remanded for appellate court to address the nonconstitutional issue of whether the circuit court abused its discretion in issuing discovery order. (A. BURKE, KILBRIDE, GARMAN, KARMEIER, and THEIS, concurring.)